Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Friday, February 14, 2020
International Religious Freedom Alliance Founded
Last week, Secretary of State Mike Pompeo announced that 26 nations have joined the United States to create the International Religious Freedom Alliance. The nations pledged to uphold a Declaration of Principles committing them to take both proactive and reactive actions to uphold freedom of belief, thought, conscience and religion as protected by international law and United Nations International Covenant on Civil and Political Rights. [Thanks to Law & Religion UK for the lead.]
Labels:
International religious freedom
Prof Loses Fight Against School Rules On Transgender Discrimination
In Meriwether v. Trustees of Shawnee State University, (SD OH, Feb. 12, 2020), an Ohio federal district court judge adopted a magistrate's recommendation and dismissed a lawsuit by a college professor who was disciplined by a university when he refused to abide by the school's non-discrimination policy. The philosophy professor refused to address a transgender student using the student's preferred gender identity title and pronouns. Instead he used only the student's last name. The court said in part:
[The faculty member's] speech-- the manner by which he addressed a transgender student-- was not protected by the First Amendment. Further, he did not plead facts sufficient to state a claim for a violation of his right to free exercise of religion ... or for a violation of his rights to due process or equal protection.Metro Weekly reports on the decision.
Labels:
Ohio,
Transgender
Thursday, February 13, 2020
Suit Seeks Data On Anti-Semitic Hate Crimes In New York
A New York state Freedom of Information Law lawsuit was filed last week by The Forward newspaper seeking information on the rise in anti-Semitic hate crimes in New York City. The complaint (full text) in The Forward Association, Inc. v. New York City Police Department asks for an order granting the paper immediate access to the requested records. The Forward reported on its lawsuit.
Labels:
Antisemitism,
Hate crimes,
New York City
9th Circuit OK's School's Policy On Transgender Students
In Parents for Privacy v. Barr, (9th Cir., Feb. 12, 2020) the U.S. 9th Circuit Court of Appeals upheld an Oregon school district's policy of allowing transgender students to use school bathrooms, locker rooms and showers that correspond to their gender identity. The court issued a summary along with its full opinion, saying in part:
[T]here is no Fourteenth Amendment fundamental privacy right to avoid all risk of intimate exposure to or by a transgender person who was assigned the opposite biological sex at birth..... [T]he Student Safety Plan provided alternative options and privacy protections to those who did not want to share facilities with a transgender student, even though those alternative options admittedly appeared inferior and less convenient....
... [T]the Fourteenth Amendment does not provide a fundamental parental right to determine the bathroom policies of the public schools to which parents may send their children, either independent of the parental right to direct the upbringing and education of their children or encompassed by it.
Labels:
Oregon,
Transgender
Wednesday, February 12, 2020
Texas Sues California In Supreme Court Over Travel Ban To States Allowing LGBTQ Discrimination
This week, the state of Texas filed an original suit in the U.S. Supreme Court against the state of California challenging California's ban on the state paying for travel by its employees to other states that allow discrimination against LGBTQ individuals or families. The complaint (full text of complaint and brief in support) in State of Texas v. State of California, (US Sup. Ct., filed/2/10/2020) reads in part:
California has enacted and is enforcing economic sanctions against Texas, Texas citizens,and Texas businesses. California has targeted Texas and its residents because To Texas protects the religious freedom of faith-based child welfare providers within its borders....
California’s sanctions against Texas and Texans are born of religious animus and violate the Constitution’s Privileges and Immunities Clause, U.S. Const. art. IV, § 2, cl. 1; Interstate Commerce Clause, id. art. I, § 8, cl. 3; and guarantee of Equal Protection, id. amend. XIV, § 1.The complaint and brief in support of the state's motion for leave to file a bill of complaint which is attached to the complaint seeks an order forcing California to take down its travel ban or remove Texas from it. Texas Attorney General's office has issued a press release announcing the filing of the suit.
Labels:
California,
Sexual orientation discrimination,
Texas
Tuesday, February 11, 2020
Free Exercise Claim As To Marijuana Use Is Rejected
In State of Ohio v. Cook, (OH App., Feb. 10, 2020), an Ohio state appellate court rejected a defendant's claim that his use of marijuana-- which he claimed was part of his Shamanism religion-- violated his free exercise rights. The court said in part:
Even assuming that Cook’s “religious” beliefs are sincerely held, and even assuming that the law restricts his practice, there is certainly a compelling state interest in regulating the use of Schedule I controlled substances. Moreover, the drug laws are facially religion-neutral, and do not target any specific sect of any religion. Thus we find that they are narrowly tailored.... For these reasons we cannot find that the trial court erred in overruling Cook’s suppression motions.
Labels:
Cannabis,
Free exercise,
Ohio
Zoning Requirement Violates RLUIPA
In Hunt Valley Baptist Church, Inc. v. Baltimore County, Maryland, (D MD, Feb. 10, 2020), a Maryland federal district court rejected federalism and Establishment Clause challenges to the constitutionality of RLUIPA against federalism and Establishment Clause challenges.The court went on to hold that the county's zoning ordinances that require a special exception process for churches to build in a conservation zone, but does not require this for schools, violate RLUIPA's equal terms provisions.
Monday, February 10, 2020
Recent Articles of Interest
From SSRN:
- Scott D. Gerber, Law and Religion in Plymouth Colony, (8 British Journal of American Legal Studies 167 (2019)).
- Kyriake Topidi, Customary Law, Religion and Legal Pluralism in Israel: Islamic Law and Shari'a Courts in Constant Motion, (Revista General de Derecho Público Comparado 26 (2019)).
- Nicholas Aroney, Christianity, Sovereignty and Global Law, (January 14, 2020).
- Hatim Hussain & Prateek Srivastava, Cryonics in India: Fulfilling the Ardent 'Legal' Desire to Live, (Book on Red Biotechnology (2018), Astral International Publishers).
- Shrutanjaya Bhardwaj, Individual Religious Freedom is Subject to Other Fundamental Rights, ((2019) 7 SCC Part-4 J-29).
- Collton Fehr, Re-Thinking the Process for Administering Oaths and Affirmations, (Dalhousie Law Journal, Forthcoming).
- Richard F. Duncan, Seeing the No-Compelled-Speech Doctrine Clearly Through the Lens of Telescope Media, (Nebraska Law Review, Forthcoming).
- Jay Augustine, And When Does the Black Church Get Political?: Responding in the Era of Trump and Making the Black Church Great Again (January 1, 2020). 17 Hastings Race & Poverty Law Journal 87 (2020).
Labels:
Articles of interest
6th Circuit: Non-Recognition Substantially Burdened Christian Identity Inmates
In Fox v. Washington, (6th Cir., Feb, 6, 2020), the U.S. 6th Circuit Court of Appeals held that the trial court had misapplied RLUIPA in upholding Michigan's refusal to recognize prison inmates' Christian Identity, white separatist religion. The prison system denied Christian Identity adherents the right to group worship and full immersion baptism. The court said in part:
... [P]laintiffs have met their burden ,,, to show that the Department has imposed a substantial burden on their religious exercise with respect to group worship for the Sabbath and holidays....
At step three of RLUIPA, the burden shifts to the Department to make two showings. First, it must prove that the imposition of the substantial burden on plaintiffs’ religious exercise was “in furtherance of a compelling governmental interest.” ... Second, the Department must establish that it used “the least restrictive means of furthering that compelling governmental interest.”... The district court made no such rulings, and the record is not well developed on these issues. “As ‘a court of review, not of first view,’ we will remand the case to the district court to resolve the point in the first instance.”
Labels:
Christian Identity,
Prisoner cases,
RLUIPA
"Neutral Principles" Approach Controls Issue of Joining Parent Church
In Korean New Life Methodist Church v. Korean Methodist Church of the Americas,(CO App., Feb. 6, 2020), a Colorado state appellate court held that the neutral principles of law approach should be used in deciding a dispute over whether a local church agreed to be under the authority of a national denomination. It agreed that the trial court, using that approach, correctly determined that the local church never gave up control to submit to the authority of the parent church body, saying in part:
[W]e conclude that the question of submission does not involve a “religious dispute” covering ecclesiastical matters or involving church doctrine.... Rather, it involves an inquiry into the local church’s organizational intent as evidenced by church documents, testimony, and conduct.
Labels:
Church disputes,
Colorado,
Methodist
Friday, February 07, 2020
Court Upholds Denial of Invocation Slot For Satanic Temple
In Satanic Temple v. City of Scottsdale, (D AZ, Feb. 6, 2020), an Arizona federal district court held that the Satanic Temple failed to prove by a preponderance of the evidence that the denial of their request to deliver a non-theistic invocation at a City Council meeting was because of their religious beliefs. The court rejected defendants' claims that the beliefs of the Satanic Temple do not constitute a religion. However the court credited the testimony of the Acting City Manager that he based his decision on a long-standing unwritten policy that only organizations that had substantial ties to the city could deliver invocations. This decision followed substantial public opposition to the Satanic Temple's appearance, including the orchestration by a church of 15,000 e-mails in opposition. The blog For Infernal Use Only reports on the decision.
UPDATE: In an April 9 opinion (full text), the court, with one exception, refused to amend its findings of fact or to amend its judgment.
UPDATE: In an April 9 opinion (full text), the court, with one exception, refused to amend its findings of fact or to amend its judgment.
Labels:
Arizona,
Legislative Prayer,
Satanic Temple
Fruit Company Settles Suit Over Refusal To Accommodate Sevent Day Adventist
The EEOC announced yesterday that the North Carolina-based Cottle Strawberry Nursery has settled a religious discrimination lawsuit filed against it by the agency. The company was charged with firing a Seventh Day Adventist because she refused to work on Saturdays. In the settlement it agreed to pay $12,500 in damages and develop a religious accommodation policy.
Trump, Pence Speak At National Prayer Breakfast
Both Vice President Pence and President Trump spoke at the National Prayer Breakfast in Washington, D.C. yesterday. Pence (full text of remarks) said in part:
As the President has said many times, in his words, “We are a nation of faith.” And I can assure you that this President, this Vice President, and our entire administration believe in prayer and we rely on the prayers of the American people every day.
In fact, President Trump has made it a practice of opening every Cabinet meeting in prayer.President Trump spoke later in the morning (full text of remarks). This passage has probably captured the most press attention:
Weeks ago, and again yesterday, courageous Republican politicians and leaders had the wisdom, the fortitude, and strength to do what everyone knows was right. I don’t like people who use their faith as justification for doing what they know is wrong. Nor do I like people who say, “I pray for you,” when they know that that’s not so.Washington Post reports on the Prayer Breakfast.
Labels:
Donald Trump,
Mike Pence,
National Prayer Breakfast
Thursday, February 06, 2020
VP Pence Promotes New School Choice Scholarship Proposal
Vice President Mike Pence yesterday delivered a 20-minute address on School Choice at Saint Francis DeSales School in Philadelphia, PA. (Full text of remarks.) He particularly focused on the proposal for Education Freedom Scholarships that President Trump promoted in his State of the Union address on Tuesday.
Labels:
Mike Pence,
School vouchers
German Court Refuses To Order Removal of Anti-Semitic Church Carving
AFP reports that an intermediate appellate court in the German state of Saxony-Anhalt has refused to order the removal of a 13th century anti-Semitic bas relief on a church in the town of Wittenberg. The court concluded that the carving, known as the Judensau (Jews' sow), did not harm Jews' reputation because it was embedded in a broader memorial and was accompanied by a sign put up in 1988 explaining it in context.
Labels:
Antisemitism,
Germany
Court Dismisses Challenge To City's Refusal To Fly Christian Flag
In Shurtleff v. City of Boston, (D MA, Feb. 4. 2020), a Massachusetts federal district court dismissed a suit challenging refusal by the city of Boston to fly a Christian themed flag on a flag pole outside city hall for a Constitution Day and Citizenship Day event sponsored by plaintiffs. The court held that the city's flag display constituted government speech that is not subject to the strictures of the First Amendment. It also held that the city's actions did not violate the Establishment Clause or Equal Protection clause. The 1st Circuit Court of Appeals last June affirmed the denial of a preliminary injunction in the case. (Full text of 1st Circuit opinion).
Labels:
Christian,
Free speech,
Massachusetts
Wednesday, February 05, 2020
Noise Restrictions On Sidewalk Abortion Counselors Upheld
In Henderson v. McMurray, (ND AL, Feb. 4, 2020), an Alabama federal district court upheld a Huntsville, Alabama special events ordinance and the provision in a permit allowing plaintiffs, pro-life sidewalk abortion counselors, to use amplification only if they cannot be heard in adjacent buildings. The court concluded that the challenged restrictions do not violate plaintiffs' rights to free speech or free exercise of religion.
Tuesday, February 04, 2020
Court Accepts RFRA Defenses of Volunteers Feeding Migrants
In United States v. Hoffman, (D AZ, Feb. 3, 2020), an Arizona federal district court reversed the criminal convictions of four volunteers aiding migrants through the faith-based organization No More Deaths/No Más Muertes. A federal magistrate judge had fined and imposed probation on the defendants for violating federal regulations barring entry into a national wildlife refuge without a permit and barring abandoning property there. Summarizing its holding, the court said in part:
Defendants ... appeal from convictions for violations of the regulations governing the Cabeza Prieta National Wildlife Refuge.... The violations were committed in the course of leaving supplies of food and water in an area of desert wilderness where people frequently die of dehydration and exposure. Defendants, who are volunteers with a charitable organization affiliated with the Unitarian Universalist Church, admit the factual allegations made by the Government.... Defendants argue that those actions, taken with the avowed goal of mitigating death and suffering, were sincere exercises of religion and that their prosecution is barred by the Religious Freedom Restoration Act.... The Court finds that Defendants demonstrated that their prosecution for this conduct substantially burdens their exercise of sincerely held religious beliefs, and that the Government failed to demonstrate that prosecuting Defendants is the least restrictive means of furthering any compelling governmental interest.Law, Rights & Religion Project issued a press release announcing the decision.
Labels:
Immigration,
RFRA
Monday, February 03, 2020
Recent Articles of Interest
From SSRN:
- Phil Lord, What Is the True Purpose of Quebec's Bill 21?, ([2020] Directions, (Forthcoming)).
- Manal Cheema, Fill in the Blank: Compelling Student Speech on Religion, (105 Va. L. Rev. Online 175 (2019)).
- Fajri Muhammadin & Mohd Hisham Mohd Kamal, The Western Universalism v. Cultural Relativism Debate on Human Rights and Islam - An ‘Aqidah-Based Approach, (Afkar: Jurnal of Aqidah and Islamic Thought, Vol. 21 (2), 2019, pp.175-216).
- Michael McNally, Native American Religious Freedom as a Collective Right, (2019 BYU L. Rev. 205 (2019)).
- Farrah Ahmed, Arbitrariness, Subordination and Unequal Citizenship, (January 7, 2020).
- Abhinav Chandrachud, Secularism and the Citizenship Amendment Act, (January 4, 2020).
- Samuel D. Brunson, 'I’d Gladly Pay You Tuesday for a [Tax Deduction] Today': Donor-Advised Funds and the Deferral of Charity, (Wake Forest Law Review, Forthcoming).
Labels:
Articles of interest
Sunday, February 02, 2020
Orthodox Jewish Family Ejected From Flight Sue American Airlines
An Orthodox Jewish family filed suit in a Texas federal district court last week charging American Airlines with religious, racial and national origin discrimination, as well as defamation, negligence and intentional infliction of emotional distress. The suit comes after the husband, wife and their 19-month old daughter were removed from an American Airlines flight. The complaint (full text) in Adler v. American Airlines, Inc., (SD TX, filed 1/28/2020) alleges that the Adlers were told by an American Airlines agent to deplane. Once off the plane, they were told that they had been ejected on instructions from the pilot because of extremely offensive body odor. In exchanges that followed, the Adlers rejected the claim, but the airline's agent allegedly told the Adlers "that he knew that Orthodox Jews take baths once a week." The complaint goes on to allege that an online search for "body odor" turns up the Adlers' name. Courthouse News Service and Detroit Free Press report on the lawsuit.
Labels:
Defamation,
Jewish,
Religious discrimination
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